Privacy policy and data use
Put simply, you (and safeguarding your data) are what we care about, but there are a few other bits you should know about too...
Technical requirements for online courses
We ask that you have a facebook account and have a Zoom account set up and tested before the course begins.
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR).
Key terms
It would be helpful to start by explaining some key terms used in this policy:
We, us, our
Emma Smith and Claire Fitzpatrick, trading as The Mothership Physio
Personal data
Any information relating to an identified or identifiable individual
Special category personal data
Data concerning health, sex life or sexual orientation
Data subject
The individual who the personal data relates to
Personal data we collect about you
The personal data we collect about you depends on the particular services we provide to you. We will collect and use the following personal data about you:
your name and contact information, including email address and telephone number
information to check and verify your identity, eg your date of birth
your billing information, transaction and payment card information
your personal interests and health information you share with us
your online presence, eg Instagram profile, LinkedIn profile
your contact history, purchase history and saved items
information from accounts you link to us, eg Whatsapp, Facebook, Instagram
Information about how you use our website, communication and other systems
your responses to surveys, competitions and promotions
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
If you purchase a service from us as a gift and enter the giftee’s name and email address, it is your responsibility to seek that person’s permission for us to process and store that data.
How your personal data is collected
We collect most of this personal data directly from you via our website. However, we may also collect information:
when yoy buy a service we offer
when you create an account on our website
when you enter a competition, prize draw, promotion or survey
when you give us feedback
from cookies on our website—for more information on our use of cookies, please see our cookie policy below.
via our IT systems, eg:
through automated monitoring of our website, such as our computer networks and connections, communications systems, email and instant messaging systems.
Cookie policy
Our website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit the cookies Squarespace uses.
These functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you.
These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity, and other data.
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason, eg:
where you have given consent;
to comply with our legal and regulatory obligations;
for the performance of a contract with you or to take steps at your request before entering into a contract; or
for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
The table below explains what we use your personal data for and why.
What we use your personal data for
Our reasons
Providing services to you
To perform our contract with you or to take steps at your request before entering into a contract
Preventing and detecting fraud against you or us
For our legitimate interest, ie to minimise fraud that could be damaging for you and/or us
Activities necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety law or rules issued by our professional regulator]
Depending on the circumstances:
—to comply with our legal and regulatory obligations
—for our legitimate interests
To enforce legal rights or defend or undertake legal proceedings
Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—in other cases, for our legitimate interests, ie to protect our business, interests and rights
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, eg policies covering security and internet use
For our legitimate interests, ie to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control
For our legitimate interests , ie to be as efficient as we can so we can deliver the best service to you at the best price
Ensuring the confidentiality of personal health sensitive information
Depending on the circumstances:
—for our legitimate interests, ie to protect trade secrets and other commercially valuable information;
—to comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, eg in relation to our online exercise and education services eg our financial performance, customer base, product range or other efficiency measures
For our legitimate interests, ie to be as efficient as we can so we can deliver the best service to you at the best price
Preventing unauthorised access and modifications to systems
Depending on the circumstances:
—for our legitimate interests, ie to prevent and detect criminal activity that could be damaging for you and/or us;
—to comply with our legal and regulatory obligations
Protecting the security of systems and data used to provide the services
To comply with our legal and regulatory obligations
We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, ie to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Updating and enhancing customer records
Depending on the circumstances:
—to perform our contract with you or to take steps at your request before entering into a contract;
—to comply with our legal and regulatory obligations;
—for our legitimate interests, eg making sure that we can keep in touch with our customers about existing orders and new products
Ensuring safe working practices
Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—for our legitimate interests, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
For our legitimate interests, ie to promote our business to existing and former customers
External audits and quality checks, eg for ISO or Investors in People accreditation and the audit of our accounts
Depending on the circumstances:
—for our legitimate interests, ie to maintain our accreditations so we can demonstrate we operate at the highest standards;
—to comply with our legal and regulatory obligations
To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency
In such cases information will be anonymised where possible and only shared where necessary
Depending on the circumstances:
—to comply with our legal and regulatory obligations;
—in other cases, for our legitimate interests, ie to protect, realise or grow the value in our business and assets
How and why we use your personal data—in more detail
More details about how we use your personal data and why are set out in the table below
Purpose
Processing operation
Lawful basis relied on under the UK GDPR.
Relevant categories of personal data
Communications with you not related to marketing, including about changes to our terms or policies or changes to the products or other important notices (other than those addressed above)
Addressing and sending communications to you as required by data protection laws, ie:
—the UK GDPR or Data Protection Act 2018;
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))
—your name, address and contact information, including email address and telephone number
—your account details (username)
—your health data
Addressing and sending communications to you as required by law
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))
—your name, address and contact information, including email address and telephone number
—your account details (username)
—your health data
Addressing and sending communications to you about changes to our terms or policies or changes to the products or other important notices
Our legitimate interests (Article 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you
—your name, address and contact information, including email address
—your account details (username)
How and why we use your personal data—Special category personal data
Certain personal data we collect is treated as a special category to which additional protections apply under data protection law:
data concerning health, sex life or sexual orientation.
Where we process special category personal data, we will also ensure we are permitted to do so under data protection laws, eg:
we have your explicit consent;
the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
the processing is necessary to establish, exercise or defend legal claims.
How and why we use your personal data—sharing
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
We require and will ask for your explicit consent before processing sensitive/special category data. Where we are required to collect personal data by law, or under the terms of the contract between us and you, if you do not provide us with that data when requested, we may not be able to perform the contract (for example, to provide services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
Marketing
We will use your personal data to send you updates (by email or text message) about our services including exclusive offers, promotions or new services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.
You have the right to opt out of receiving marketing communications at any time by:
contacting us at hello@the-mothership-physio.com;
using the ‘unsubscribe’ link in emails; or
updating your marketing preferences on our website www.the-mothership-physio.com.
We may ask you to confirm or update your marketing preferences if you ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
We will always treat your personal data with the utmost respect and never share it with other organisations for marketing purposes.
Who we share your personal data with
We routinely share personal data with:
third parties we use to help deliver our services to you, eg payment service providers and delivery companies;
other third parties we use to help us run our business, eg marketing agencies or website hosts;
third parties approved by you, eg social media sites you choose to link your account to or third party payment providers;
our banks;
We or the third parties mentioned above occasionally also share personal data with:
our external auditors, eg in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations;
our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations;
other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations.
Who we share your personal data with—in more detail
More details about who we share your personal data with and why are set out in the table below.
Recipient
Processing operation (use) by recipient
Relevant categories of personal data transferred to recipient
The Mothership Physio by Emma Smith and Claire Fitzpatrick
Squarespace Web and data hosting services, store a copy of your personal data on computer equipment so it can be accessed by us and permitted third parties (see below) online.
Any of the personal data we collect about you.
Who we share your personal data with—further information
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
Where your personal data is held
Personal data may be held at our offices third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’).
How long your personal data will be kept
We will not keep your personal data for longer than we need it for the purpose for which it is used. For example, our professional regulatory body the HCPC requires us to hold any personal health data for 7 years.
Your rights
You have the following rights, which you can exercise free of charge:
Access
The right to be provided with a copy of your personal data
Rectification
The right to require us to correct any mistakes in your personal data
Erasure (also known as the right to be forgotten)
The right to require us to delete your personal data—in certain situations
Restriction of processing
The right to require us to restrict processing of your personal data in certain circumstances, eg if you contest the accuracy of the data
Data portability
The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object
The right to object:
—at any time to your personal data being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to automated individual decision making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
The right to withdraw consents
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time
You may withdraw consents by emailing us at hello@the-mothership-physio.com
Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn
For more information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of those rights, please:
email us—see below: ‘How to contact us’; and
provide enough information to identify yourself (eg your full name and date of birth and any additional identity information we may reasonably request from you;
let us know what right you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.
How to complain
Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with:
the Information Commissioner in the UK
The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
Changes to this privacy policy
This privacy notice was published on 30th August.
We may change this privacy notice from time to time—when we do we will inform you via our website or other means of contact such as email.
How to contact us
You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are:
Emma Smith & Claire Fitzpatrick, trading as The Mothership Physio
Stillpoint 1 The Stoneyard, Old Orchard, Bath, BA1 5AX